Admin

Short sales as a financial strategy not a necessity

By
Real Estate Agent with Keller Williams Boise
www.brianbrumpton.com biography featured listings Boise Relocation Information Local Boise Events Search For Boise Homes Free Reports About Real Estate

Short sales as a financial strategy not a necessity -

Short Sale - House Under WaterA question I've been pondering lately, what do you do with a short sale client that is using it more as a means of financial planning than out of necessity?

I end up dealing with both and I wonder what approach are you supposed to take with someone in this scenario.  That being, a client comes to you requesting help for them to perform a short sale even though they technically have the income or assets to cover the loss they are taking on the real estate investment.

Do you take the approach of a high powered defense attorney who knows your client is guilty and defend them anyway?

I bring it up because I'm receiving request from people who have done the math and they know the length of time the credit damage will take to repair is less than what it will take for a market to return them to a break even point.  There have even been leading real estate experts rrecommending that it makes more sense for people to perform a short sale or let lenders foreclose because their negative equity will take too long to recover.

Are short sales and mortgage defaults becoming more a strategy than a necessity?

With the shear volume of homes underwater in the US, I would have to assume that it will in fact continue to become more of a financial strategy for homeowners realizing it's more of benefit to start over than it is to wait for it to come back.

 

Comments(15)

Show All Comments Sort:
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Brian, You will be seeinmg much more of this next year as people decide it makes financial sense to unload a property that will be under water for many years. As long as they are not trying to hide assets or lie about their financial situation I take the listing and do the short sale. Let the lender decide how they want to handle it.

We get paid to sell houses not to judge folks. Go for it. Just make sure the seller understands that if they have money and income the lender may very well want some of it.

Dec 18, 2009 09:47 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Bryant,

Thanks for the advice.  I've actually been requiring my short sale clients to sign an addendum stating that the bank may end up pursuing them.  I think I'm with you, I don't judge them but I do make them aware that the lenders are well within their rights to come after assets to cover their loss.

Dec 18, 2009 09:49 AM
Brian Lee Burke
Kenna Real Estate - Lone Tree, CO
Broker & Advising Expert-Kenna Luxury Real Estate

Brian - first - Love the photo! Very appropriate. I am also in the same boat with BB and I feel there will be many more around our neck of the woods too next year the will be thinking about or doing a short sale. ~Rita

Dec 18, 2009 09:56 AM
Ted Tyndall
Davidson Realty Inc. - Saint Augustine, FL
I will help You find the Home YOU want to Buy

Brian,

I agree with Bryant, our job is to sell homes and not judge why the person is selling it.

Dec 18, 2009 10:04 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Brian, Getting  a dislcosure signed is a necessity. Mine is getting longer and longer.

Dec 18, 2009 10:07 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Bryant,

I'm at two pages and counting.  I've come to the conslusion that you can't include every possible scenario in your disclosure but you'd bettery try.

Dec 18, 2009 10:13 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Darla,

I missed this one but I have seen a few articles on it lately.  I'm also partial to doing the math for my short sale clients when explaining how long it will take them to break even vs. how long the hit on their credit will last.

Dec 18, 2009 10:15 AM
Dan Edwards 425-276-7008
Keller Williams Realty - Bellevue - Bellevue, WA

Ok here is where I fall on this.  If you make an obligation for 30 years, does it mean you just say forget the obligation to pay?  This is tough.  I say you should stick to your obligation, however everyone is doing it.  It doesn't make it right.  The money is coming from somewhere and that somewhere last I checked is from tax payer. 

All that said, If they have to move they have to move, and we get paid to help them with that.  If the are in distress, sell, if they are selling short to give the bank the loss... I don't think that right and if borrowers do that the banks will make wholesale changes to their practices. 

I don't think there is an easy answer.

Dec 18, 2009 11:39 AM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

Brian, I would be surprised to see a lender accept a short sale without the requisite "hard ship" letter and the evaluation of income.  That would only leave the FC if they really want out.

Steve

Dec 18, 2009 11:06 PM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

I can't help thinking that most people are good, decent and honorable and WANT to live up to their obligations.  At least the vast majority that I know who are struggling right now.  I just can't see a mass exodus of people strategically throwing in the towel, it's so emotionally traumatic.  I know there is always the exception, but maybe there are more strategic defaults right now because the total number is up.  It's strange times out there, for sure.  Can I get a copy of y'alls addendum?????

Dec 19, 2009 01:20 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Steve,

You're right.  Lenders are pretty good at spotting income and assets when something smells fishy to them.  You could still go to foreclosure and recover sooner in some cases than it would take for you to break even on your real estate loss.

Dec 19, 2009 01:50 AM
Minna Reid
Reid Real Estate Group LLC - Jacksonville, FL
Broker/Owner

I also lean towards non judgement. It is not my position to decide who "should" pay or go. I will always thoroughly explain the consequences and the possibilities, but if they need/want to sell, that is what I'm here for.

Dec 19, 2009 09:19 AM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

I think it's no different from the person who could pay his mortgage but simply walked away from the home and let the bank foreclose.

Happy Holidays!

Dec 19, 2009 12:32 PM
Laurel Starks
Divorce Real Estate Institute, LLC - Rancho Cucamonga, CA
Divorce Real Estate Expert

Last time I checked, investing is about knowing when to sell and when to hold; a person's home is often their largest investment.  Why is it so such a crime to dump that investment when it tanks?  In this case, the bank is left holding the bag - a risk they took when they lent the money.  One could reasonably argue it was the banks that caused the demise of these investments in the first place. 

And if we want to talk "morality" then we must ask ourselves to whom do we hold a higher moral obligation:  our family or the banks?  In many cases, keeping these albatrosses means financial ruin to one's family.

Go ask Trump and Buffett when was the last time they hung on to a hopeless investment.  This ain't church.  It's business.

Dec 19, 2009 02:58 PM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

Laurel,

I agree, there's nothing wrong with dumping a bad investment.  Now the difference between your average real estate owner and Buffett is he's not asking the bank to eat his losses.  Trump on the other hand passes the loss off to his bond holders (on multiple occasions).

I'm fine with a someone asking the bank to eat the loss, but I would also advise not to be offended if they ask you to take your lumps too.

Dec 20, 2009 01:06 AM